8-100 Specific Call Procedures - Juveniles

8-101 JUVENILE POLICIES (10/07/08)

In the event that a Minnesota State Statute, Hennepin County or City of Minneapolis Ordinance referenced within sections 8-100, 8-200 and 8-300 is amended prior to the affected policy being updated, the statute or ordinance changes shall supersede the MPD juvenile policy.

8-102 JUVENILE TERMS AND DEFINITIONS (10/07/08)

Amber Alert Program: Utilizes the State’s Emergency Alert System (EAS) and Minnesota Crime Alert Network (MNCAN). It allows law enforcement agencies to collaborate with local broadcasters through the use of an early-warning system to alert the public when a child is in danger.

Community Based First Response (First Response): First Response social workers are available 24 hours per day, 7 days per week. First Response handles emergency shelter placements, telephone assessments of families in crisis and takes child & adult protection reports.

Juvenile Diversion: A program coordinated through the Juvenile Unit, which provides diversion/options for first time juvenile offenders.

Juvenile Miranda: Each component of the Miranda Warning is understood and acknowledged by the juvenile. The investigator must be confident that the juvenile understands each of the components.

Juvenile Supervision Center (JSC): JSC receives juveniles ages 10-17, who have been detained for curfew, truancy and other offenses which do not meet JDC booking criteria and whose parent/legal guardian is unable to be located. JSC is located in Room 21A, City Hall.

Juvenile Unit: MPD Juvenile Unit primarily investigates Robbery, Assault, Domestic Assault and Missing Person cases in which the offender is at least 10 years old and under 18 years of age. Cases involving juvenile offenders less than 10 years of age will be investigated by the Juvenile Unit and referred to an appropriate agency for follow up. The Juvenile Unit also investigates school-related crimes.

The Juvenile Unit provides identification and processing services, as well as short-term detention for arrested juveniles. During the hours of Juvenile Unit operation, juveniles arrested for any felony, gross misdemeanor or domestic assault shall be brought to the unit for processing. Staffing and workload permitting, Juvenile Unit investigators will transport juveniles to the appropriate destination after intake is completed.

The Juvenile Unit maintains all Runaway and Missing Juvenile files and serves as the central repository for juvenile criminal history records. The Juvenile Unit also provides investigative support to other units with on-going investigations involving juvenile suspects.

The Link: The Link provides intervention services and community outreach at the JSC.

Low-level Offender: A juvenile arrested for a non-status offense that does not meet JDC booking criteria.

Medical Neglect : Medical neglect is the failure to provide appropriate health care for a child, thus placing the child at risk for serious disability, disfigurement or death. Concern is warranted not only when a parent/legal guardian refuses medical care for a child in an emergency or for an acute illness, but also when a parent/legal guardian ignores medical recommendations for a child with a treatable chronic disease or disability, resulting in frequent hospitalizations or significant deterioration.

Minnesota Crime Alert Network (MNCAN): A statewide communications network that enables law enforcement agencies to quickly alert the public about crime or criminals that may affect them.

NCIC: National Crime Information Center.

Parent/Legal Guardian: "Parent" means the birth or adoptive mother or father of a child and does not apply to a person whose parental rights have been terminated in relation to the child. A legal "guardian" is a person who has been appointed by a judge or social services agency, to take care of a minor child (to include foster parents).

Runaway: An unmarried child under the age of 18 years who is absent from the home of a parent or guardian or other lawful placement without the consent of the parent, guardian, or lawful custodian.

Scales Interview: Audio recording of a custodial interview.

School Resource Officer (SRO): SRO’s are assigned to Minneapolis Public Schools and work together with school administrators, students, the Juvenile Unit, and the community to ensure school safety and security.

Status Offender: A juvenile status offender is a juvenile who is taken into police custody for an offense that would not be a crime if committed by an adult. This includes: truancy, curfew violations, runaway and underage possession or consumption of tobacco and alcohol products.

8-103 MANDATORY REPORTING OF MALTREATMENT OF MINORS

(A-D) (10/07/08)

Sworn employees who receive a complaint of child abuse or neglect, or who become aware of such circumstances shall complete a CAPRS report which will be routed to the Family Violence Unit. Personnel from the Family Violence Unit shall report the incident to Hennepin County Child Protection.

8-104 MECC AND PARENTAL NOTIFICATION OF DETAINED OR

(A-D) ARRESTED JUVENILES (12/14/07) (10/07/08)

When juveniles are transported to any MPD facility or to a hospital for medical treatment, the transporting officer(s) shall notify MECC in order to prevent a Missing Person Report from inadvertently being taken. The transporting officer(s) shall ensure a reasonable attempt is made to notify the parent/legal guardian as to the juvenile’s status.

It shall be the responsibility of the investigator/investigative unit to notify the parent/legal guardian, when a juvenile is received by them from officers. Juvenile Detention Center, Juvenile Supervision Center and MPD Juvenile Unit staff will attempt notification for juveniles admitted to their respective facilities.

8-105 JUVENILE RECORDS (10/07/08)

(A-D)

Records of juveniles who are or may be delinquent or who may be engaged in criminal acts shall be kept separate from records of persons 18 years of age or older. These records are private data and may only be disseminated:

To the child or the child’s parent or legal guardian unless disclosure of a record would interfere with an ongoing investigation;

By order of the juvenile court;

To the Minnesota Crime Victim’s Reparations Board;

According to Minnesota State Statute 121A.28, which states that a law enforcement agency can provide the school where a student is enrolled with information regarding incidents in which the law enforcement agency has probable cause to believe the student has committed a controlled substance crime; possessed drug paraphernalia or simulated controlled substances; or consumed, purchased or possessed alcohol as a minor; and

As authorized under Minnesota State Statute 13.82, subdivision 2 which refers to information that is public data. Note: The only personal identifying information that can be released relating to a juvenile is the juvenile’s age and sex.

8-105.1 AUTHORIZED USE OF JUVENILE PHOTOGRAPHS (10/07/08)

(A-D)

Photographs of juveniles may be used only for institution management purposes, case supervision by probation agents and to assist law enforcement agencies to apprehend juvenile offenders. Juvenile photographs shall not be distributed to the public unless the criminal proceeding and/or complaint are available to the public and the child is 16 years of age or older.

8-105.2 JUVENILE PHOTOGRAPH EXPUNGEMENT (10/07/08)

(A-D)

Photographs of juveniles who have been adjudicated delinquent under Minnesota State Statute Chapter 260 shall not be expunged from law enforcement records or databases. Photos of juveniles who have not been adjudicated shall be destroyed (expunged) when the child reaches the age of 19 years.

8-106 JUVENILE SEARCH AND SEIZURE (10/07/08)

(A-D)

Search of a premises with parental permission -

A parent/legal guardian may give consent to the search of a room and personal belongings of a minor child living in the home. If the parent lacks regular access to the room because the child is an adult or is paying rent the parent may not consent. (07/01/11)

Juveniles on direct supervised probation –

Juveniles on direct supervised probation have a signed agreement in accordance with terms of their probation authorizing their probation officer(s) to perform a warrantless search of the juvenile’s person and the area under his/her immediate control at any time. Being in the presence of a Juvenile Probation officer does not provide the same authority to an MPD officer. MPD officers shall not use probation officers as their agent to perform warrantless searches.

Search of a school locker -

Lockers may be inspected or searched by school authorities without a search warrant. School authorities may request to have a law enforcement officer present during the search. If a police officer believes it is necessary to search a locker, authorization from the school principal or a warrant signed by a judge must be obtained.

Strip search of a juvenile for evidence -

The strip search of any juvenile shall be done in accordance with Section 9-203 Strip Searches and Body Cavity Searches.

Handcuffing, searching and transportation of juveniles -

MPD policy authorizes the transportation of juveniles for curfew and/or truancy violations. Officers are permitted a protective pat (Terry) frisk of the juvenile prior to placing the juvenile in a squad for transport. (07/01/11)

Juveniles shall be handcuffed, searched and transported under the same rules and procedures as adults.

8-107 INTERVIEWS OF ARRESTED JUVENILES (10/07/08)

(A-D)

All juveniles taken into custody shall be advised of the nature of the crime in which they are suspected. Prior to any in-custody interview, all juveniles shall be advised of their Miranda Rights in Juvenile Miranda format and in accordance with the Scales decision. The child’s physical condition, age, intelligence, educational level, prior experience with the juvenile justice system, and ability to comprehend the meaning and effect of statements should be carefully evaluated in each case.

The officer/investigator shall document the interview in a corresponding CAPRS statement.

Officers and investigators may allow a parent/legal guardian to be present during an interview of their child, if the presence of the parent/legal guardian is not deemed to be coercive or inhibiting.

If the juvenile refuses to be interviewed, investigators may re-approach at another time. If the juvenile requests an attorney, all questioning and contact must cease. A juvenile who has consulted with or retained an attorney (i.e. public defender at JDC), can not be contacted without approval of that attorney.

8-108 ARREST OR INVESTIGATION OF JUVENILES AT MINNEAPOLIS PUBLIC SCHOOLS (12/14/07)

(A-D)

When an investigation requires the arrest or questioning of a student on school grounds or premises during school hours, officers shall solicit the cooperation of the School Resource Officer (SRO) and the Principal or other school administrative personnel. Assistance should be obtained prior to approaching a student on school property. When a juvenile is removed from school by police for any reason, the officer must sign the student out from school and thereby assume responsibility for the student. Furthermore, the officer(s) shall make a reasonable attempt to contact the parent/legal guardian of the juvenile, to advise them of the juvenile’s status. (10/07/08)

8-109 FINGERPRINTING AND PHOTOGRAPHING JUVENILES (10/07/08)

(A-D) Fingerprinting and photographing will be done by personnel from the Juvenile Unit, Juvenile Detention Center or the Crime Lab.

Status offenders shall not be fingerprinted or photographed.

Juveniles arrested for a misdemeanor shall not be fingerprinted, but may be photographed each time they are arrested in order to maintain a current photo record.

All juveniles arrested for a gross misdemeanor or felony shall be fingerprinted and photographed. If a juvenile arrested for a gross misdemeanor or felony was not fingerprinted and/or photographed, the arresting officer(s) shall document in their CAPRS report why it was not done.

Fingerprint records of juveniles shall be maintained in the Crime Lab.

8-110 JUVENILE INFORMANTS (03/06/97) (10/07/08)

(A-D)

The use of any juvenile as a Confidential Informant (CI) or Confidential Reliable Informant (CRI) is prohibited. This policy does not restrict or prohibit department personnel from accepting and utilizing information voluntarily offered by juveniles or obtained from them during the course of an investigation. Department personnel may actively solicit information and assistance from juveniles in the solving of crimes.